Ohio Governor Ted Strickland Announces an Unprecedented Number of Clemency (Pardon) Decisions

Most of the Honorable Ted Strickland, Governor of the state of Ohio's favorable clemency decisions are grants of pardon (2005-2006: 29; 2007: 39) associated with comparatively minor and/or non-violent offenses. In every case, these pardons have been granted to individuals who have completed their entire sentence, usually many years ago. Virtually every case involves an individual who has not re-offended with the exception of traffic violations.

The individuals granted pardons today have demonstrated that they have been rehabilitated and have assumed the responsibilities of citizenship.

Former Governor Bob Taft did not act on 63 clemency requests from 2005 and 2006. So Governor Strickland's staff has been overwhelmed with reviewing all requests.

Ohio Governor Ted Strickland and Illinois Governor Pat Quinn have granted an unprecedented number of pardons.

PLEASE NOTE THAT EACH STATE IS SOVEREIGN WITH ITS OWN CONSTITUTION AND LAWS. IN GEORGIA FOR EXAMPLE, THE GOVERNOR HAS ABSOLUTELY NO PARDON AUTHORITY.

Ohio Governor Strickland has already begun his review of the 177 recommendations received from the Parole Board during 2008, after which he will turn to the 226 recommendations already received in 2009.

"I believe the clemency power should be used judiciously to give a second chance to those who have demonstrated they deserve it, and to modify the unusually long sentence that is out of sync with the norm," Strickland said. "I do not intend my clemency decisions to be seen as a determination that mistakes were made by judges, prosecutors, police officers or others in the criminal justice system. These decisions are another part of the overall system of justice that attempts to hold individuals responsible for their behavior while recognizing that ours is a society able to forgive, and welcome back, those who demonstrate they have earned, and can responsibly handle, society's mercy and forgiveness."

Ohio Governor's Constitutional Clemency Authority and Pardon Process:

The Ohio Parole Board and Governor Strickland consider applications for two forms of clemency: commutations and pardons. A commutation is the change of a legal punishment for the commission of a crime to a lesser punishment. A pardon is a complete forgiveness for a crime committed, eliminating all penalties and other legal consequences for the commission of a crime. An individual granted a full and unconditional pardon is deemed, by law, to have never committed the offense.

The Ohio Constitution authorizes Ohio's governor to grant pardons and commutations "for all crimes and offenses, except treason and cases of impeachment" (Article III, Section 11). Under Ohio law, the governor may only grant a pardon or commutation after the adult parole authority has received a clemency application and the parole authority has provided a written recommendation to the governor. The governor may follow or reject the parole authority's recommendation.

The governor's legal staff review of each parole board recommendation includes, but is not limited to: communication with the court and the prosecutor's office involved in the conviction; input and assistance from law enforcement officials, defense counsel, witnesses, victims and others who may have information relevant to the governor's decisions; consultation of official records from the offender's prosecution and appeals, the parole board's report and exhibits, petitions, letters, media reports and other documents or materials concerning the case.

The legal counsel prepares these findings for the governor's review, initially shielding their clemency recommendations at the governor's request. After a thorough and detailed discussion of the specifics of a given case, the legal staff presents their recommendation for or against clemency. The governor considers the totality of information presented for each application and decides whether to approve or deny clemency.

The governor's office estimates that in excess of 1,000 person hours have been spent reviewing the cases announced today.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Illinois Governor Pat Quinn grants a massive amount of pardons

Illinois Governor Pat Quinn granted pardons to 147 people convicted of low-level crimes in April 2010! The Governor granted 147 of 407 requested.

People who have been convicted of murder, violent crimes, sex crimes are typically automatically disqualified by both Records Removal Services and the Board of Pardons (sometimes called the Board of Pardons and Parole).

Since Governor Quinn was sworn into office on January 29, 2009, he has decided on 769 Petitions, granting a total of 321 Petitions.

Plus, Governor Quinn has his own pile, making the total pending Petitions to be around 2450, according to a spokesman in the Governor's Communications Office.

Governor Quinn is using his exclusive power to the benefit of the most deserving people, granting almost 42% of the Petitions thus far:

"Our society brands the felon with a Scarlet Letter for the rest of his or her lifetime. Essentially, once a felon, always a felon. This is wrong. This is not forgiveness. This is not mercy. Yes, people must understand that consequences come with illegal acts. But every person who was convicted of a crime, was sentenced and served a sentence, whether probation or prison. A lifetime punishment is harmful to society as a whole.

Rehabilitation must be encouraged in our society. The kid who gets caught selling dope at 18-years old should not be labeled a "convicted felon" for the rest of his life if he can prove he is a contributing member of society. If he has gone to school, purchased a home, raised a family, why should he continue to be punished?

A pardon gives the deserving person an opportunity to remove the "convicted felon" tattoo. The pardon allows for the deserving person to apply for a better job so that he or she can support his family. Rehabilitation must be rewarded." - Tamara N. Holder, Illinois Attorney, Legal and Political Commentator

Tamara N. Holder, Illinois defense and civil rights attorney/legal and political commentator contributed to his article from her commentator blog.

Pardon power in the State of Illinois is vested in the Governor, who is assisted by recommendations of the Prisoner Review Board.

NOTE:  With each U.S. state being sovereign however, each state has their own constitution and laws. In the State of Georgia for example, the Governor is prohibited from being involved in pardons and pardon power is vested exclusively in the Georgia Board of Pardons and Parole.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Romney denied pardons in Massachusetts, even from war veteran

A lot of people have probably read this article by now because it was reported by the Associated Press and featured on Yahoo! News, USA Today, CNN, and several other major media outlets.

How does he expect people to find employment and/or housing?

BOSTON (AP) — A decorated Iraq war veteran, convicted as a boy for a pellet gun shooting, seemed like an ideal candidate for a pardon from then - Massachusetts Governor Mitt Romney. But Romney, now a U.S. Republican presidential candidate, said no — twice — despite the recommendation of the Commonwealth's Board of Pardons.

At age 13, Anthony Circosta was convicted of assault for shooting another boy in the arm with a BB gun, a shot that did not break the skin. Circosta worked his way through college, joined the Army National Guard and led a platoon of 20 soldiers in Iraq's deadly Sunni triangle.

In 2005, as he was serving in Iraq, he sought a pardon to fulfill his dream of becoming a police officer. "I've done everything I can to give back to my state and my community and my country, and my commonwealth to get brushed aside is very frustrating," said Circosta, 29.

In his presidential bid, Romney often proudly points out that he was the first governor in modern Massachusetts history to deny every request for a pardon or commutation during his four years in office. He says he refused pardons because he did not want to overturn a jury.

But critics argue that the blanket policy is an abdication of a key power given governors and the president — the ability to recognize how someone convicted of a past crime has turned their life around.

During the four years Romney was in office, 100 requests for commutations and 172 requests for pardons were filed in the state. All were denied.

While he refused all requests for pardons as Governor, Romney has said that could change if he is elected president. Asked in last week's debate if he would consider pardoning Vice President Dick Cheney's former chief of staff I. Lewis "Scooter" Libby, who was convicted of lying and obstructing the CIA leak investigation, Romney said: "It's worth looking at that. I will study it very closely if I'm lucky enough to be president. And I'd keep that option open."

During his first year in office, the Board of Pardons recommended 11 pardons and two commutations. After Romney decided against granting any, the number of hearings dropped dramatically. During the next three years, the board recommended just four pardons and a single commutation.

His Excellency, Governor Romney rejected every one.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Restoring voting rights in Kentucky made easier

By John Cheves

FRANKFORT -- Felons who complete their sentences can get their voting rights restored more easily under changes to the pardon process announced Tuesday by Governor Steve Beshear.

Beshear said he will drop requirements for an essay and three character references, both imposed by previous Gov. Ernie Fletcher. He also will revoke a $2 fee.

Under the "barriers" placed by Fletcher, the number of felons whose voting rights were restored shrank from more than 600 a year to about 250 a year.

"This disenfranchisement makes no sense," Beshear said.

"It dilutes the energy of democracy, which functions only if all classes and categories of people have a voice, not just the privileged, powerful people," he said. Kentucky is one of the few states to deny felons voting rights after they complete their sentences.

About 129,000 Kentuckians can't vote because of a felony conviction, Beshear said. He said corrections officials will help interested felons with pardon applications before their release from prison or jail, and his office will process more than 1,500 applications left behind by Fletcher, plus 176 new applications filed since Jan. 1.

Jefferson Commonwealth's Attorney David Stengel, who joined Beshear at the Capitol for the announcement, said that Fletcher's pardon process was unfair.

Beshear said he favors House Bill 70, a proposed constitutional amendment that would automatically restore the right to vote to most felons. But he stopped short of saying he would throw the weight of the governor's office behind it. HB 70 has waited on the House floor for weeks while House leaders debate casino gambling and the budget.

"I'm urging over and over that it be called," said its sponsor, Rep. Jesse Crenshaw, D-Lexington.

Kentuckians for the Commonwealth, a non-profit group has been pushing HB 70 since January 2008.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.